DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rae-Line Pty Ltd T/A Rae-Line
(AG2016/4169)

RAE-LINE PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Rae-Line Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rae-Line Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rae-Line Pty Ltd T/A Rae-Line. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 26 September 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Rae-Line Pty Ltd, trading as Rae-Line, brought an application before the Fair Work Commission for approval of the Rae-Line Pty Ltd Enterprise Agreement 2016. The agreement was made between Rae-Line and the Maritime Union of Australia, and it sought to establish terms and conditions of employment for employees within the company. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement was genuinely a product of bargaining between the parties, whether it complied with the good faith requirement, and whether it met the criteria set out in the Fair Work Act for approval. Additionally, the commission needed to consider if the agreement adequately covered the employees and if it provided fair and reasonable terms.

The commission examined the evidence provided by both parties regarding the bargaining process and the content of the agreement. It assessed whether the agreement was the product of genuine bargaining and whether it was consistent with the requirements of the Fair Work Act. The commission found that the agreement was genuinely bargained and met all the statutory criteria. It concluded that the agreement was fair and reasonable, taking into account the needs of both the employees and the employer. Consequently, the commission approved the agreement.

The Fair Work Commission approved the Rae-Line Pty Ltd Enterprise Agreement 2016, finding it to be genuinely bargained and compliant with the Fair Work Act. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, and it was thus approved.

Rae-Line Pty Ltd T/A Rae-Line

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established